VINODA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Criminal Petition 9350/2022 is filed by Accused Nos.1 & 2 under Sec. 439 of Cr.P.C. seeking for regular bail, while Criminal Petition No.9653/2022 is filed by Accused Nos. 3, 4 & 5 seeking for anticipatory bail under Sec. 438 of Cr.P.C., in connection with Crime No.93/2022 of Gundlupete Police Station, Chamarajanagara District, registered for the offences punishable under Ss. 143, 147, 323, 341, 302, 427, 120(B) read with 149 of IPC.

(2.) Since these petitions are arising out of same crime, they are heard together and common order is being passed.

(3.) The case of prosecution in brief is that, the complainant-Vinodraj was in love with CW.9-Sonakshi and he used to meet her regularly and in this regard, the accused have warned the complainant not to continue his relationship with CW.9. It is the further case of the prosecution that the deceased Chikkaraju is the elder brother of the complainant-Vinodraj and he was working in Bengaluru. On 2/4/2022, he came to the village and the accused were suspecting that he has instigated the complainant. Hence, on 2/4/2022 at about 7.30 p.m., the Accused Nos. 1 & 2 approached the complainant and deceased and asked the deceased Chikkaraju to come near Gundlupete Town to discuss about his brother's love affair and as such the deceased Chikkaraju along with one Nandeesha went to the said spot. Further, it is alleged that around 8.00 p.m., both Accused Nos. 1 & 2 have assaulted the deceased with hands and warned him not to encourage the complainant to get involved in the life of CW.9 i.e., sister of Petitioner/Accused No.2 in Criminal Petition No.9350/2022. The deceased retuned home along with Nandeesha and narrated the incident and thereafter, when the deceased Chikkaraju along with Nandeesha and complainant were proceeding to Gundlupete Government Hospital for getting treatment to the deceased, at 9.00 p.m., all the petitioners/accused intercepted the motor cycle near Aralikatte in Hosur Village and forcibly taken away the deceased with them towards Panjanahalli Road and beaten the complainant and others. In the meanwhile, the accused have stabbed the deceased. He suffered grievous bleeding injuries. Immediately the complainant and CW.3 took the deceased to the hospital and he was declared brought dead by the hospital authorities. In this regard, a complaint came to be lodged by the complainant.